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Compensation claims on behalf of patients with mental incapacity
The same legal principles of negligence apply to claims by patients with mental incapacity, but there are differences of procedure, including:
- the need to establish whether or not the client is capable of giving adequate instructions.
- if the client is incapable of giving adequate instructions, the claim has to be brought on his or her behalf by a “litigation friend”.
- the usual three year time limit for the issue of Court proceedings in personal injury cases does not run against the patient (i.e. there is no time limit).
- any settlement between the parties must be approved by the Court to ensure that the patient’s best interests are safeguarded.
- in smaller cases, the compensation fund will be retained and invested by the Court; in the larger cases an application to the Court of Protection must be made for the appointment of a receiver to administer the fund.
- when considering eligibility for Legal Aid funding it is the patient’s (not the litigation friend’s) financial circumstances that are assessed.
It can be difficult to know whether the patient may be suffering due to medical negligence. This is why we offer a completely free no obligation consultation. Please call us on 0870 609 3623 and talk to one of our medical negligence solicitors.